<?xml version='1.0' encoding='utf-8'?>
<section article="ghu" article_name="Human Services" number="10-420" title_number="10" title_name="Department of Aging" subtitle_number="4" subtitle_name="Continuing Care">
  <level label="a">
    <text>Interest expenses may be excluded from the calculation of net operating expenses for a fiscal year, if the provider funded a debt service reserve or other interest reserve under requirements imposed by a financial institution or under applicable financing documents, to the extent the reserve fund included amounts to cover interest for that fiscal year.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as otherwise provided in this part, a provider shall set aside for each facility subject to this subtitle operating reserves that:</text>
      <level label="i">
        <text>before January 1, 2023, equal 15% of the facility’s net operating expenses for the most recent fiscal year for which a certified financial statement is available; and</text>
      </level>
      <level label="ii">
        <text>beginning January 1, 2023, equal 25% of the facility’s net operating expenses for the most recent fiscal year for which a certified financial statement is available.</text>
      </level>
    </level>
    <level label="2">
      <text>The provider shall keep the operating reserves in a reasonably liquid form in the judgment of the provider.</text>
    </level>
    <level label="3">
      <text>Beginning January 1, 2014, the assets held by the provider as the operating reserves required under this subsection:</text>
      <level label="i">
        <text>except as provided in paragraph (4) of this subsection, shall be unrestricted cash and investments; and</text>
      </level>
      <level label="ii">
        <text>may not:</text>
        <level label="1">
          <text>be met with a line of credit; or</text>
        </level>
        <level label="2">
          <text>except as provided in paragraph (4) of this subsection, be hypothecated, pledged as collateral, or otherwise encumbered by the provider in any manner.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>Beginning January 1, 2014, the assets held by the provider as the operating reserves may be encumbered if:</text>
      <level label="i">
        <text>the assets are encumbered by contractual obligations undertaken before January 1, 2014, that have not materially changed since January 1, 2014; or</text>
      </level>
      <level label="ii">
        <text>the assets are encumbered as part of a general security pledge of assets or similar collateralization that is part of the provider’s long–term capital debt covenants included in the provider’s long–term debt indenture or similar financial instrument but which remain available to the provider to pay operating expenses without substantial restrictions or limitations.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A provider shall meet the requirements of subsection (b) of this section within 10 full fiscal years after the date of its initial certificate of registration.</text>
    </level>
    <level label="2">
      <text>A provider shall set aside at least 10% of the reserves required under subsection (b) of this section at the end of each fiscal year after the date of its initial certificate of registration, up to a total of 100% at the end of the 10th fiscal year.</text>
    </level>
    <level label="3">
      <text>The Department may allow a provider to modify the minimum rate required under paragraph (2) of this subsection or extend the time to meet the requirements of subsection (b) of this section if the modification is necessary to maintain the financial viability of the facility.</text>
    </level>
  </level>
</section>
